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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

February 4 , 2009

Honorable Victoria Higgans, Chief

Aroostook Band of Micmacs

8 Northern Road

Presque Isle, ME 04769

Dear Chief Higgans:

On March 12 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 pars per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 1 07( d)(1 )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to paricipate in the designations process, EP A encourages you to

do so. By paricipating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EP A by March 12, 2009, with respect to the revised

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available. 1 Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A officials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

l:'

Ira W. Leighton

Acting Regional Administrator

Enclosure

cc: Fred Corey, Environmental Director

I A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www. epa.gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

FeDrudry 4 , 2009

Honorable Brenda Commander, Chief

Houlton Band of Maliseet Indians

88 Bell Road

Littleton, ME 04730

Dear Chief Commander:

On March 12, 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation ofa new or revised NAAQS, section 107(d)(1)(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By paricipating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in paricipating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EP A by March 12, 2009, with respect to the revised

Toll Free .1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the anouncement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.! Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed ru1emaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

Acting Regional Administrator

Enclosure

cc: Sham Venno, Environmental Planner

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa.gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON , MASSACHUSETTS 02114-2023

February 4 , 20'09

Honorable Michael Thomas, Chairman

Mashantucket Pequot Tribal Nation

Tribal Office

Indiantown Rd. , PO Box 3060

Mashantucket, CT 06339-3060

Dear Chairman Thomas:

On March 12 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 1 07( d) (1 )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can lear about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in paricipating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
recommendations that you make, to EP A by March 12, 2009, with respect to the revised

ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcementofintended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.! Ozone nonattainment areas will be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your governent is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

MpIra W. Leighton

Acting Regional Administrator

Enclosure

cc: Michael Boland, Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa,gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON , MASSACHUSETTS 02114-2023

February 4 , 2009

Honorable Shawn Hendricks, Chainnan

Mashpee Wampanoag

O. Box 1048

483 Great Neck Road South

Mashpee, MA 02649

Dear Chainnan Hendricks:

On March 12, 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the fonner standard, which was promulgated in 1997. EP A also strengthened the

secondar 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 107(d)(1)(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant infonnation to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

Toll Free 01-888-372-7341

Intemet Address (URL) 0 http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
recommendations that you make, to EP A by March 12, 2009, with respect to the revised

ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

detennines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.1o Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

cflv /AIra W. Leighton

Acting Regional Administrator

Enclosure

cc: George Green, Co-Enviro Director

Quan Tobey, Co-Enviro Director

10 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa. gov/air/ozonepollution/pdf !2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON , MASSACHUSETTS 02114-2023

Februry 4 , 2009

Honorable Bruce Bozsum, Tribal Chairman

Mohegan Tribe

5 Crow Hil Road

Uncasvile, CT 06382

Dear Chairman Bozsum:

On March 12 2008, the Environmental Protection Agency (EPA) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 pars per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EPA' s process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 1 07( d)(l )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards will

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EPA by March 12 2009, with respect to the revised

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline maybe extended up to one additional year ifEPA

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.l Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A officials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918-1653 or Richard Burkhart .

at 617-918- 1664.

Sincerely,

(. 

'f.

Ira W. Leighton

Acting Regional Administrator

Enclosure

cc: Jean McInis, Environmental Protection Department Administrator

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://ww. epa.gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

Februry 4 , 2009

Honorable Matthew Thomas, Chief

Narragansett Indian Tribe

PO Box 268

Charlestown, RI 02813

Dear Chief Thomas:

On March 12 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 pars per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EPA' s process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 1 07( d) (1 )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By paricipating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EP A by March 12, 2009, with respect to the revised

Toll Free -1-888-372-7341

Internet Address (URL) - http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations will be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.! Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS will be established through a

separate proposed ru1emaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

Ira W. Leighton

Acting Regional Administrator

Enclosure

cc: Dinalyn Spears, Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

rLlary 4 , 2009

Honorable Richard Doyle, Tribal Governor

Passamaquoddy Tribe of Indians

Pleasant Point Reservation

PO Box 343

Perry, ME 04667

Dear Governor Doyle:

On March 12, 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 1 07( d) (1 )(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By paricipating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in paricipating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
recommendations that you make, to EPA by March 12, 2009, with respect to the revised

ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, trbal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available.1 Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed ru1emaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

t.'

Ira W. Leighton 

Acting Regional Administrator

Enclosure

cc: Steve Crawford, Environmental Director

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa. gov/air/ozonepollution/pdfsI2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

February 4 , 2009

Honorable Willam J. Nicholas, Tribal Governor

Passamaquoddy Tribe ofIndians

Indian Township Reservation

PO Box 301

Princeton, ME 04668

Dear Governor Nicholas:

On March 12 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 107(d)(1)(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassifiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can learn about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in paricipating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable .Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% postconsumer)
recommendations that you make, to EP A by March 12, 2009, with respect to the revised

ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt of the recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and trbes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insufficient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available,l Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918-1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

l-.JIra W. Leighton

Acting Regional Administrator

Enclosure

cc: Trevor White, Acting Environmental Director

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

Fe bruB.ry 4 , 2009

Honorable Kirk Francis, Chief

Penobscot Indian Nation

12 W abanski Way

Indian Island, ME 04468

Dear Chief Francis:

On March 12, 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per milion to 0.075 parts per milion, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EP A's process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 107(d)(1)(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassitiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can lear about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EP A by March 12, 2009, with respect to the revised

Toll Free .1-888-372-7341

Intemet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to announce our intended designations as early as possible after

receipt ofthe recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline maybe extended up to one additional year ifEPA

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available. l Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A wil use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your governent is interested in formal consultation

or further discussions or meeting with EP A officials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918- 1664.

Sincerely,

IraW. Leighton

Acting Regional Administrator

Enclosure

cc: John Bans, Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa. gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 1

1 CONGRESS STREET, SUITE 1100

BOSTON, MASSACHUSETTS 02114-2023

February 4, 2009

Honorable Cheryl Andrew-Maltais, Chairwoman

Wampanoag Tribe of Gay Head (Aquinnah)

20 Black Brook Road

Aquinnah, MA 02535

Dear Chairwoman Andrew-Maltais:

On March 12, 2008, the Environmental Protection Agency (EP A) revised the national

ambient air quality standards (NAAQS) for ozone to provide increased protection of

public health and welfare from ozone pollution. The new primary ozone standard was

lowered from 0.08 parts per millon to 0.075 parts per million, based on numerous

epidemiological studies conducted during the past decade in which many of the health

effects associated with ozone exposure have been demonstrated at and below the level of

the former standard, which was promulgated in 1997. EP A also strengthened the

secondary 8-hour ozone standard, making it identical to the revised primary standard, to

protect against welfare effects such as impacts on vegetation and forested ecosystems.

This letter provides information on EPA' s process for designating areas for the 2008

revised ozone standards. When EP A develops rules and policies, we take our

responsibility to consult with the tribes seriously, and consider where these rules or

policies may impact tribes. We want to make sure that we are effectively communicating

with you to ensure tribal input on the designations process for ozone.

Within one year of promulgation of a new or revised NAAQS, section 107(d)(1)(A) of

the Clean Air Act requires the Governor of each state to submit to EP A a list of all areas

in the state, recommending designations for each as "attainment

 

nonattainment " or

unclassitiable" with respect to the new or revised standard. Establishing area

designations is a key step in the process of providing the health protections that the Clean

Air Act mandates. Areas that are designated as not attaining the air quality standards wil

be required to adopt plans to reduce ambient concentrations of ozone.

EP A recognizes that states generally do not have jurisdiction in Indian country. While

tribes are not obligated to participate in the designations process, EP A encourages you to

do so. By participating in the process, you can lear about the state s plans to prepare

recommendations for designations of state lands that border your tribal lands, and provide

relevant information to EP A regarding appropriate designations for your tribal lands.

If you are interested in participating in the designations process, we ask that you provide

your designation recommendations, including appropriate boundaries for the

recommendations that you make, to EP A by March 12, 2009, with respect to the revised

Toll Free. 1-888-372-7341

Internet Address (URL) . http://www.epa.gov/region1

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
ozone NAAQS.

The enclosed memorandum provides detailed guidance to state, tribal and local air

pollution control agencies on the process for designating areas under the 2008 revised

ozone standard. We plan to anounce our intended designations as early as possible after

receipt ofthe recommendations, but no later than 120 days prior to promulgating final

designations.

Following the announcement of intended designations, states and tribes wil have the

opportunity to comment on any modifications EP A proposes to their recommendations.

In accordance with the Clean Air Act, we intend to issue final designations by March 12

2010 (although that deadline may be extended up to one additional year if EP A

determines that insuffcient information is available to establish designations by that

date). Our designations wil be based on the most recent 3 years of certified, quality

assured ozone air quality monitoring data available. l Ozone nonattainment areas wil be

classified at the time of designation. The approach EP A will use to classify

nonattainment areas under the 2008 revised ozone NAAQS wil be established through a

separate proposed rulemaking.

We look forward to working with you and your staff to develop area designations under

the 2008 revised ozone standards. If your government is interested in formal consultation

or further discussions or meeting with EP A offcials about specific aspects of the

designation process, please contact Ida McDonnell at 617-918- 1653 or Richard Burkhart

at 617-918-1664. 

Sincerely,

Acting Regional Administrator

Enclosure

cc: Bret Stearns, Dir. Of Natural Resources

1 A list of counties violating the 2008 ozone standard based on 2004-2006 data is posted at

htt://www.epa.gov/air/ozonepollution/pdfs/2008 03 design values 2004 2006.pdf